Section actions
Duration: Trial failure — 1 day to week on notice
Cost: Free; free work inspection
On-site only
Who this guide is for
Section actions
- You if you start a job with a trial period
- If you or the employer wish to break the contract during the trial
- You if the contract provides for a long or renewed trial and you want to check the legality
To be prepared in advance
Section actions
- The employment contract, to verify duration and renewal
- The collective agreement, which often specifies the time limits
- A rupture decision dated if you plan to leave
Step-by-step procedure
Section actions
- 1Check the default duration (upgrading law 2008): workers/employees — 2 months, supervisors — 3 months, executives — 4 months. The contract cannot go beyond without reason.
- 2Renewal is possible ONE time, if it is provided for in the contract or collective agreement. Maximum total: 4 months for workers/employees, 6 months for agents, 8 months for executives.
- 3Termination during trial: the employer may terminate without cause, but with short notice (24 hours at 1 months depending on seniority). The employee may also leave without cause, with the same notice.
- 4Breakout notice: <3 month of presence — 24 hours; 3 months at 1 week — 48 hours; >1 week — 1 week (workers) until 1 months (frames). Contract/Convention Details.
- 5In the event of a break during the trial, no severance pay (due only after). But if the contract provided for a specific compensation, it is due.
- 6Entitlement to unemployment (ARE): after you have broken up during the trial period, you are entitled to the ARE if you have enough contributions (minimum 6 months on 24). Test failure = unintentional loss of employment.
- 7Abuse: if the trial is used to fill a low-cost position without intent to keep the employee, this can be challenged by the Prud!men with proof (repeated tests on the same position).
Common mistakes
Section actions
- Do not read the contract and ignore the duration/renewal of the test.
- Leave without notice — fault that may result in withholding.
- To believe that breakage in trial = automatically no unemployment. The ARE is possible with enough contributions.
- Accept renewal beyond maximum — illegal and reducing protection.
- Do not check the collective agreement, often more favourable than the law.
Official sources
Section actions
Show sources in this section
Important remark
The test times and conditions depend on the contract and the collective agreement. This information is indicative — for your situation, consult the labour inspectorate or a trade union.
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